On June 27, 2023, the U.S. Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the Department of Justice (“DOJ”) (together, “the Agencies”), issued a Notice of Proposed Rulemaking (the “Notice”) that proposes extensive changes to the Hart-Scott-Rodino (“HSR”) Act premerger notification form and associated instructions, as well as to the rules
EU Talking Life Sciences Audiocast: Clinical Trial Transparency Requirements in the EU
The EU Clinical Trials Regulation 536/2014 significantly expanded the transparency requirements for clinical trials in the EU, resulting in the public availability of most documents and information submitted by sponsors to the new EU Clinical Trial Information System. Tune into this episode of Covington’s Life Sciences Audiocast, where Robin Blaney and Roderick Dirkzwager look
Split Supreme Court Weighs in on Corporate Consent to Personal Jurisdiction
Pennsylvania law requires foreign corporations to register to do business in the Commonwealth and provides that all registrants are subject to suit on “any cause” in the Commonwealth’s courts, regardless of a connection to the jurisdiction. In a split decision, the Supreme Court reversed a Pennsylvania Supreme Court decision finding that this general jurisdiction provision
Key Vote Expected on Brazil’s Historic Tax Reform
Next week, the House of Deputies of the Brazilian National Congress may vote a potentially historic tax reform, revamping a tax system that has been in place since the 1960s and has increased in complexity, inefficiency, and compliance cost over the years. The reform has been debated for nearly three decades and is widely perceived
Political Agreement Reached on the European Data Act
Late yesterday, the EU institutions reached political agreement on the European Data Act (see the European Commission’s press release here and the Council’s press release here). The proposal for a Data Act was first tabled by the European Commission in February 2022 as a key piece of the European Strategy for Data (see our
FCC Proposes “All-In” Pricing Rules for Cable/Satellite TV
On June 20, 2023, the Federal Communications Commission (“FCC”) released a Notice of Proposed Rulemaking (“NPRM”) to require cable operators and direct broadcast satellite (“DBS”) providers to display an “all-in” price for their video programming services in their billing and marketing materials. The White House issued a press release that same day expressing its support
DHS Releases Final Rule on Safeguarding CUI After Six Year Wait
On June 21, 2023, DHS published a final rule that amends the Homeland Security Acquisition Regulation (HSAR) both by modifying the existing regulations through removing and updating existing clauses and by adding new contract clauses to include certain requirements for the safeguarding of Controlled Unclassified Information (CUI). The final rule, first released in proposed form
Oregon Legislature Passes Consumer Privacy Act
On June 22, 2023, the Oregon state legislature passed the Oregon Consumer Privacy Act, S.B. 619 (the “Act”). This bill resembles the comprehensive privacy statutes in Colorado, Montana, and Connecticut, though there are some notable distinctions. If passed, Oregon will be the twelfth state to implement a comprehensive privacy statute, joining California, Virginia, Colorado, Connecticut,
Supreme Court Resolves Circuit Split to Require Stays Pending Appeal of Refusals to Compel Arbitration
The Supreme Court, in a 5–4 ruling, has resolved a circuit split on the issue of litigation stays pending appeal of denials of motions to compel arbitration. In the underlying putative class action, Bielski et al v. Coinbase, Inc., 3:21-cv-07478 (N.D. Cal.), Coinbase moved to compel arbitration of the plaintiffs’ claims, but the motion was
J.M. Smucker Defeats Putative VPPA Class Action on Jurisdictional Grounds
A Northern District of California court recently dismissed a putative California class action against The J.M. Smucker Company (“J.M. Smucker”) for lack of personal jurisdiction because it did not purposefully target California in operating its marketing website for the Folgers coffee brand. See Carroll v. J.M. Smucker Co., No. 3:22-cv-08952 (N.D. Cal. June 15, 2023).